The Supreme Court on Tuesday stayed proceedings against Congress Member of Parliament (MP) Imran Pratapgarhi in a case concerning a poem he posted on social media.
A bench of Justices AS Oka and Ujjal Bhuyan issued notice on Pratapgarhi's petition seeking to quash the First Information Report (FIR) filed by Jamnagar police on January 3.
“We heard the poem as well... Issue short notice. Returnable on February 10. No action shall be taken in pursuance of the FIR,” the Court directed.
Senior Advocate Kapil Sibal, representing Pratapgarhi, criticized the High Court's approach, saying, “What have we come to? The court has to say something. Without issuing notice, the (High) Court dismissed this.”
The FIR was lodged based on a complaint by an advocate's clerk, who alleged that Pratapgarhi had shared a video on social media featuring the poem "Ae khoon ke pyase baat suno..." in the background. According to the Deccan Herald, Gujarat Police invoked Sections 197 (imputations prejudicial to national integration), 299 (deliberate acts to outrage religious feelings), and 302 (uttering words with intent to wound religious feelings) of the Bharatiya Nyaya Sanhita (BNS) against him.
Earlier, the Gujarat High Court had refused to quash the FIR, citing the early stage of the investigation.
Justice Sandeep N. Bhat noted in his January 17 order that responses to the social media post suggested it could disturb social harmony.
“It is expected that every citizen, especially a Member of Parliament, behaves responsibly to avoid disrupting communal or social harmony,” the High Court observed.
Following the High Court's refusal, Pratapgarhi approached the Supreme Court for relief.
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